OUI Laws in Massachusetts

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MASSACHUSETTS SUMMARY

G.L. ch. 90, § 24(1)(a)(1)

  • Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances . . .

G.L. ch. 90, § 24(1)(e)

  • In any prosecution for a violation of paragraph (a), evidence of the percentage, by weight, of alcohol in the defendant's blood at the time of the alleged offense, as shown by chemical test or analysis of his blood or as indicated by a chemical test or analysis of his breath, shall be admissible and deemed relevant to the determination of the question of whether such defendant was at such time under the influence of intoxicating liquor; provided, however, that if such test or analysis was made by or at the direction of a police officer, it was made with the consent of the defendant, the results thereof were made available to him upon his request and the defendant was afforded a reasonable opportunity, at his request and at his expense, to have another such test or analysis made by a person or physician selected by him; and provided, further, that blood shall not be withdrawn from any party for the purpose of such test or analysis except by a physician, registered nurse or certified medical technician. Evidence that the defendant failed or refused to consent to such test or analysis shall not be admissible against him in a civil or criminal proceeding, but shall be admissible in any action by the registrar under paragraph (f) or in any proceedings provided for in section twenty-four N. If such evidence is that such percentage was five one-hundredths or less, there shall be a permissible inference that such defendant was not under the influence of intoxicating liquor, and he shall be released from custody forthwith

PENALTIES

  • FIRST OFFENSE
    • Incarceration: Not more than 2 ? years House of Correction
    • Fine: $500-$5,000
    • License suspended for 1 year, work/education hardship considered in 3 months, general hardship in 6 months
  • Alternative disposition
    • Probation with mandatory participation in alcohol-drug education program paid for by defendant
    • License suspended for 45 to 90 days (210 days for drivers under age 21)
    • Eligible for Hardship license after three business days, assuming you have completed intake alcohol-drug education program
    • Available for 2nd offenses after a 10 year time frame upon finding by court. NOTE: 2 year loss of license may be imposed, however you you will be eligible for a hardship license after three business days assuming you have completed intake alcohol-drug education program
  • SECOND OFFENSE
    • Incarceration: Not less than 60 days (30 day mandatory), not more then 2 ? years
    • Fine: $600-$10,000 License suspended for 2 years, work/education hardship considered in 1 year. Ignition Interlock device required under G.L. ch. 90, § 24 .
  • Alternative disposition
    • 2 years probation
    • 14 day confined treatment program paid for by the defendant
    • License suspended for two years, work/education hardship considered in 1 year. Ignition Interlock device required under G.L. ch. 90, § 24.
  • THIRD OFFENSE
    • Incarceration: Not less than 180 days (150 day mandatory), not more than 5 years State Prison (Felony status)
    • May be served in a correctional facility treatment programs
    • Fine $1,000-$15,000
    • License suspended for 8 years, work/education hardship considered in 2 years, general hardship in 4 years. Ignition Interlock device required under G.L. ch. 90.
  • FOURTH OFFENSE
    • Incarceration: Not less than 2 years (1 year Minimum Mandatory), not more than 5 years (Felony status)
    • Fine $1,500-$25,000
    • License suspended for 10 years, work/education hardship considered in 5 years, general hardship in 8 years. Ignition Interlock device required under G.L. ch. 90, .
  • FIFTH OFFENSE
    • Incarceration: Not less than 2 ? years (24 mos. Minimum Mandatory), not more than 5 years (Felony Status)
    • Fine $2,000-$50,000
    • License for life, no possibility of hardship
  • LICENSE REINSTATEMENT FEES
    • First Offense $500.00
    • Second Offense $700.00
    • Third Offense $1,200.00
    • Refusal/Failure – Breath Test $100.00

Refusal to Submit to a Chemical Test

  • First Offense – 180 Days
  • Second Offense – Three Years Third Offense – Five Years
  • Fourth or subsequent – Lifetime
  • Failure of Breath Test – .08 or above
  • 30 Days, regardless of the offense charged.

There is no plea bargaining statute.

http://www.socialaw.com

http://www.mass.gov/courts/

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